CHAPTER Env-WC 100 ORGANIZATIONAL RULES

CHAPTER Ec-Wtr 100 DEFINITIONS, ORGANIZATION, AND PUBLIC INFORMATION

Statutory Authority: RSA 21-O:14, IV; RSA 541-A:16, I(a); and RSA 541:30-a

REVISION NOTE:

Document #13923, effective 4-11-24, readopted with amendments and renumbered the former Chapter Env-WC 100 and Chapter Env-WC 200 as Chapter Ec-Wtr 100 and Chapter Ec-Wtr 200. Document #13923 also changed the title of the former Chapter Env-WC 100 from “Organizational Rules” to “Definitions, Organization, and Public Information”. The title of the former Chapter Env-WC 200 remained as “Procedural Rules”. The renumbering of rules with the subtitle “Env-WC” to “Ec-Wtr” was done pursuant to a rules redesignation plan for the Council’s rules approved by the Director of the Office of Legislative Services in 2021.

Document #13923 replaced all prior filings affecting the rules in the former Chapter Env-WC 100 and Chapter Env-WC 200. The prior filing affecting the rules in the former Chapter Env-WC 100 was Document #8976, effective 9-14-07. The rules were subject to expiration only pursuant to RSA 541-A:17, II:

As organizational rules, the rules in Chapter Ec-Wtr 100 in Document #13923 will not expire except pursuant to RSA 541-A:17, II.

PART Ec-Wtr 101 PURPOSE

Ec-Wtr 101.01 Purpose. The purpose of this chapter is to provide organizational rules to implement the statutory responsibilities for all matters under the jurisdiction of the water council created by RSA 21-O:7.

Source. (See Revision Note at chapter heading for Ec-Wtr 100) #13923, eff 4-11-24

PART Ec-Wtr 102 DEFINITIONS

Ec-Wtr 102.01 Definitions.

(a) “Appeal” means an appeal of a department decision initiated by filing a notice of appeal pursuant to RSA 21-O:14 and Ec-Wtr 203.01.

(b) “Appeals clerk” means the individual designated by the commissioner to perform for the council the clerical support duties outlined in RSA 21-O:3, VIII(b).

(d) “Appearance” means a written notification to the council that a party or party’s representative intends to actively participate in a hearing.

(e) “Commissioner” means the commissioner of the department.

(f) “Council” means the water council established by RSA 21-O:7.

(g) “Department” means the department of environmental services.

(h) “Department decision” means “department decision” as defined in RSA 21-O:14, I(c).

(j) “Department enforcement decision” means “department enforcement decision” as defined in RSA 21-O:14, I(b).

(j) “Department permitting decision” means “department permitting decision” as defined in RSA 21-O:14, I(a).

(k) “Director” means the director of the division.

(l) “Division” means the division of water of the department.

(m) “Filing” means any petition, appeal, notice, comment, or other document submitted to the council under this chapter. “Filing” does not include any document distributed to all parties at a prehearing conference or hearing.

(n) “Hearing” means “adjudicative proceeding” as defined in RSA 541-A:1, I.

(o) “Hearing officer” means the individual appointed under RSA 21-M:3, VIII to serve as the hearing officer for an appeal before the council.

(p) “Intervenor” means a person allowed by the council to intervene in an appeal pursuant to RSA 541-A:32 and Ec-Wtr 203.08.

(q) “Rulemaking petition” means a petition to adopt, amend, or repeal a council rule, filed pursuant to Ec-Wtr 201.01.

(r) “Service list” means a list maintained by the appeals clerk containing the names, physical address, and email address of all parties, representatives of parties, and intervenors in a proceeding, as well as all other interested persons who request to be included on the service list.

Source. (See Revision Note at chapter heading for Ec-Wtr 100) #13923, eff 4-11-24

PART Ec-Wtr 103 COUNCIL ORGANIZATION

Ec-Wtr 103.01 Office Hours, Electronic Mail Address, and Location.

(a) The council’s office is located at:

Department of Environmental Services

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

(b) The council’s electronic email address is appeals@des.nh.gov.

Source. (See Revision Note at chapter heading for Ec-Wtr 100) #13923, eff 4-11-24

Ec-Wtr 103.02 Council Responsibilities. The responsibilities of the council shall be as follows:

(a) As required by RSA 21-O:7, III, the council shall consult with and advise the director, or the director’s designee, on a continuing basis with respect to the policy, programs, goals, and operations of the department as they relate to RSA 21-O:6, with particular emphasis on long-range planning for the department and on education of the public relative to the functions of the department;

(b) As required by RSA 21-O:7, IV, the council shall hear all administrative appeals from department decisions made and shall decide all disputed issues of fact in such appeals, in accordance with RSA 21-O:14;

(c) As required by RSA 21-O:7, V, the council shall consider all proposed rules of the commissioner relative to the department and shall present any objections to proposed rules to the commissioner in writing within 15 days;

(d) As required by RSA 21-O:14, IV, the council shall adopt rules in accordance with the rulemaking provisions of RSA 541-A to govern its proceedings; and

(e) The council shall perform any additional functions assigned to it by amendment to RSA 21-O:7.

Source. (See Revision Note at chapter heading for Ec-Wtr 100) #13923, eff 4-11-24

PART Ec-Wtr 104 PUBLIC INFORMATION

Ec-Wtr 104.01 Request for Access to Records.

(a) Any person requesting access to council records under RSA 91-A shall direct a request as specified in (b) below.

(b) A request to access council records shall be in writing and:

(1) Identify as particularly as possible the information being sought;

(2) Include a statement whereby the requestor agrees to pay a copying fee of $0.25 per page, if applicable; and

(3) Be sent to the council secretary at the address specified in Ec-Wtr 103.01(a).

Source. (See Revision Note at chapter heading for Ec-Wtr 100) #13923, eff 4-11-24

APPENDIX

Rule	Statute

Ec-Wtr 101	RSA 21-O:7; RSA 21-O:14; RSA 541-A:16, I(a)
Ec-Wtr 102	RSA 21-O:7; RSA 21-O:14; RSA 541-A:16, I(a)
Ec-Wtr 103	RSA 21-O:7; RSA 21-O:14; RSA 541-A:16, I(a)
Ec-Wtr 104	RSA 21-O:7; RSA 21-O:14; RSA 541-A:16, I(a); RSA 91‑A